Keogh and Keogh

This matter concerned an application by Ms Keogh (the wife) against Mr Keogh (the husband) in the Family Court of Australia. The dispute centred on the sale of the former matrimonial home and the application of the proceeds of sale. The wife sought interim property orders, including an order authorising her to sign documents for the sale of the property on behalf of the husband. The husband did not appear at the hearing.

The court was required to determine whether to grant interim orders for the sale of the former matrimonial home and, if so, the terms of those orders. Specifically, the court needed to consider the wife's authority to sign sale documents on behalf of the husband, the conditions for the sale, the disbursement of sale proceeds, and the husband's obligations to respond to the proceedings.

Justice Benjamin, applying section 106A of the *Family Law Act 1975* (Cth), made orders authorising the wife to sign a contract for the sale of the property. The court reasoned that this was necessary to preserve the wife's credit rating and protect her from potential liabilities arising from the property's upkeep, given the husband's failure to meet mortgage payments, rates, and insurance. The court imposed a stay on the exchange of contracts for 21 days or seven days after personal service of the order on the husband, allowing him an opportunity to rectify the situation. The court also directed the disbursement of sale proceeds, including payment of costs, commissions, rates, discharge of the mortgage, reimbursement to the wife for payments made since September 2012, and the balance to be held pending further order.

The court ordered that the net rental income from the property be paid directly to a specified loan account. The matter was listed for a possible undefended hearing on 15 May 2013, with directions for the husband to file and serve a response, financial statement, and affidavit in reply by 14 May 2013. Liberty to apply was granted to either party on 48 hours' notice.